1988 (5) TMI 192 - AT - Central Excise

CEGAT rules in favor of appellants in Central Excise case on goods classification, emphasizing lack of duty liability.

STANDARD INDUSTRIAL ENGINEERING CO. Versus COLLECTOR OF C. EX.

The Appellate Tribunal CEGAT, New Delhi, ruled in favor of the appellants in a Central Excise case concerning the classification of goods. The tribunal ... Manufacture Issues Involved:The issues involved in this case are the classification of goods under Central Excise, specifically whether the manufacturing process undertaken by the appellants constitutes a taxable event under Section 2(f) of the Central Excises and Salt Act.Details of the Judgment:Issue 1: Classification of GoodsThe dispute in this case revolved around whether the goods manufactured by the appellants, such as purlins, trusses, and bracings, from materials supplied to them, were assessable under Item 66 of the Central Excise Tariff. The department argued that the processing of these materials constituted a manufacture under Section 2(f) of the Act, resulting in new names, characters, and uses for the finished goods.Issue 2: Application of PrecedentThe appellants cited a previous decision of the Tribunal in the Aruna Industries case, where it was held that no duty was payable when similar manufacturing activities were undertaken. The appellants contended that the decision in Aruna should apply to their case as well, as the facts and principles involved were similar.Issue 3: Marketability of GoodsThe adjudicator questioned the marketability of the goods in question, such as purlins and trusses, emphasizing that these items were essentially steel sections serving specific functions within a structure. The adjudicator noted that these components were not typically traded as standalone items due to their custom nature and the necessity for precise measurements in construction.Issue 4: Transformation of GoodsThe department argued that the substantial labor involved in the manufacturing process indicated a transformation of the raw materials, justifying the imposition of duty under Item 68. However, the adjudicator raised concerns about the blanket application of this logic, highlighting the need for a clear understanding of the manufacturing process before deeming goods taxable.Issue 5: Interpretation of Section 2(f)The adjudicator scrutinized the interpretation of Section 2(f) of the Act, emphasizing that the section did not explicitly define what constituted manufacture for the purpose of central excise levy. The adjudicator ultimately set aside the original orders, ruling that no duty was payable by the appellants based on the findings and analysis presented.In conclusion, the judgment by the Appellate Tribunal CEGAT, New Delhi, held in favor of the appellants, emphasizing the lack of duty liability based on the specific circumstances and legal interpretations presented in the case.